[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 53015-53018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21770]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 150316270-5270-01]
RIN 0648-XE121


Fisheries Off West Coast States; Modifications of the West Coast 
Commercial and Recreational Salmon Fisheries; Inseason Actions #22 
through #29

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Modification of fishing seasons; request for comments.

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SUMMARY: NMFS announces eight inseason actions in the ocean salmon 
fisheries. These inseason actions modified the commercial and 
recreational salmon fisheries in the area from the U.S./Canada border 
to the U.S./Mexico border.

DATES: The effective dates for the inseason actions are set out in this 
document under the heading Inseason Actions. Comments will be accepted 
through September 17, 2015.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0001, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0001, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: William W. Stelle, Jr., Regional Administrator, West 
Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-6349.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

[[Page 53016]]


SUPPLEMENTARY INFORMATION:

Background

    In the 2015 annual management measures for ocean salmon fisheries 
(80 FR 25611, May 5, 2015), NMFS announced the commercial and 
recreational fisheries in the area from the U.S./Canada border to the 
U.S./Mexico border, beginning May 1, 2015, and 2016 salmon fisheries 
opening earlier than May 1, 2016. NMFS is authorized to implement 
inseason management actions to modify fishing seasons and quotas as 
necessary to provide fishing opportunity while meeting management 
objectives for the affected species (50 CFR 660.409). Inseason actions 
in the salmon fishery may be taken directly by NMFS (50 CFR 
660.409(a)--Fixed inseason management provisions) or upon consultation 
with the Pacific Fishery Management Council (Council) and the 
appropriate State Directors (50 CFR 660.409(b)--Flexible inseason 
management provisions). The state management agencies that participated 
in the consultations described in this document were: Oregon Department 
of Fish and Wildlife (ODFW) and Washington Department of Fish and 
Wildlife (WDFW).
    Management of the salmon fisheries is generally divided into two 
geographic areas: north of Cape Falcon (U.S./Canada border to Cape 
Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./
Mexico border). The inseason actions reported in this document affect 
fisheries north and south of Cape Falcon. All times mentioned refer to 
Pacific daylight time.

Inseason Actions

Inseason Action #22

    Description of action: Inseason action #22 adjusted the daily bag 
limit in the recreational salmon fishery in the Westport Subarea 
(Queets River, WA to Leadbetter Point, WA) to allow retention of two 
Chinook salmon; previously, only one Chinook salmon could be retained 
daily.
    Effective dates: Inseason action #22 took effect on August 15, 
2015, and remains in effect until the end of the 2015 recreational 
salmon fishery, or until modified by further inseason action.
    Reason and authorization for the action: The Regional Administrator 
(RA) considered fishery effort and Chinook salmon landings to date, and 
determined that sufficient quota remained to allow an increase in the 
Chinook salmon bag limit without exceeding the quota. Inseason action 
to modify recreational bag limits is authorized by 50 CFR 
660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#22 occurred on August 12, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #23

    Description of action: Inseason action #23 modified the daily bag 
limit in the recreational salmon fishery in the Neah Bay Subarea (U.S./
Canada border to Cape Alava, WA) to allow retention of one Chinook 
salmon per day for two days, beginning at 12:01 a.m., August 14, 2015 
through 11:59 p.m., August 15, 2015. Effective 12:01 a.m., August 16, 
2015, non-retention of Chinook salmon in this subarea resumed. This 
action superseded inseason action #18.
    Effective dates: Inseason action #23 took effect on August 14, 
2015, and remained in effect until it was superseded by inseason action 
#28 on August 21, 2015.
    Reason and authorization for the action: Under inseason action #18, 
which took effect August 2, 2015, NMFS implemented non-retention of 
Chinook salmon in the recreational salmon fishery in the Neah Bay 
Subarea, to prevent exceeding the subarea guideline for Chinook salmon 
harvest. In the consultation on August 12, 2015, that lead to inseason 
action #23, the RA considered fishery effort and updated Chinook salmon 
landings to date and determined that the subarea guideline had 
sufficient Chinook salmon available to allow limited Chinook salmon 
retention. This action also made regulations in the Neah Bay Subarea 
consistent with regulations in adjacent state waters that allow Chinook 
retention through August 15, 2015. Inseason action to modify 
recreational bag limits is authorized by 50 CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#23 occurred on August 12, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #24

    Description of action: Inseason action #24 adjusted the summer 
quota (July through September) for the commercial salmon fishery north 
of Cape Falcon. Unutilized quota from the spring season was rolled over 
to the summer season. The adjusted summer quota is 27,830 Chinook 
salmon.
    Effective dates: Inseason action #24 took effect August 12, 2015, 
and remains in effect until the end of the 2015 commercial salmon 
fishery.
    Reason and authorization for the action: The quota for the spring 
commercial salmon fishing season north of Cape Falcon was 40,200 
Chinook salmon, of which, 39,170 Chinook salmon were harvested, leaving 
1,030 Chinook salmon unutilized. The STT calculated the quota rollover 
from the spring fishing season to the summer fishing season on an 
impact-neutral basis for the lower Columbia River natural tule Chinook 
salmon stock, and determined the rollover could be implemented on a 1 
to 1 basis, with no adjustment needed. Therefore, 1,030 Chinook salmon 
were added to the summer quota that was set preseason at 26,800 Chinook 
salmon, resulting in an adjusted summer quota of 27,830 Chinook salmon. 
Modification of quotas and/or fishing seasons is authorized by 50 CFR 
660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#24 occurred on August 12, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #25

    Description of action: Inseason action #25 modified the landing and 
possession limit for Chinook salmon in the commercial salmon fishery 
north of Cape Falcon to 50 Chinook salmon per vessel per open period in 
all areas north of Cape Falcon. This action superseded inseason action 
#15 (80 FR 43336).
    Effective dates: Inseason action #25 took effect on August 14, 
2015, and remained in effect until it was superseded by inseason action 
#29 on August 21, 2015.
    Reason and authorization for the action: The annual management 
measures (80 FR 25611) set the landing and possession limits for the 
summer commercial salmon fishery north of Cape Falcon at 50 Chinook 
salmon and 50 marked coho per vessel per open period. Inseason action 
#15, which took effect on July 10, 2015 (80 FR 43336), modified the 
Chinook salmon landing and possession limit to 60 Chinook salmon north 
of the Queets River or 75 Chinook salmon south of the Queets River. On 
August 12, the RA considered fishery effort and Chinook salmon and coho 
landings to date, and determined that adjusting the Chinook salmon 
landing limit to 50 Chinook salmon per vessel per open period, in all 
areas north of Cape Falcon, would allow access to remaining quota 
without exceeding the quota. Inseason action to modify quotas and/or 
fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).

[[Page 53017]]

    Consultation date and participants: Consultation on inseason action 
#25 occurred on August 12, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #26

    Description of action: Inseason action #26 adjusted the quota for 
the Cape Falcon to Humbug Mountain recreational non-mark-selective coho 
fishery that begins September 4, 2015. Unutilized quota from the June 
through August mark-selective coho fishery was rolled over to the non-
mark-selective coho fishery on an impact-neutral basis. The adjusted 
quota is 20,700 non-mark-selective coho.
    Effective dates: Inseason action #26 is effective from September 4, 
2015 to the end of the 2015 recreational salmon fishery.
    Reason and authorization for the action: The annual management 
measures (80 FR 25611) provide that any remainder of the quota from the 
Cape Falcon to Oregon/California border mark-selective coho fishery 
(June 27, 2015 through August 9, 2015) will be transferred on an 
impact-neutral basis to the September non-selective coho quota from 
Cape Falcon to Humbug Mountain. The mark-selective coho fishery had 
40,092 unutilized mark-selective coho. The STT calculated that the 
impact-neutral rollover of that remainder from the mark-selective coho 
fishery yielded 8,219 non-mark-selective coho. The state of Oregon 
requested a reduced rollover of 8,200 non-mark-selective coho, to allow 
a buffer for assumed, but not yet accounted impacts. The RA concurred 
with the rollover, which adjusted the non-mark-selective quota from 
12,500 to 20,700 non-mark-selective coho. Modification of quotas and/or 
fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#26 occurred on August 19, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #27

    Description of action: Inseason action #27 terminated retention of 
Pacific halibut caught incidental to the commercial salmon fishery, at 
11:59 p.m., August 20, 2015, due to attainment of the allocation that 
was set by the International Pacific Halibut Commission (IPHC). All 
halibut must be landed within 24 hours of this closure.
    Effective dates: Inseason action #27 took effect August 20, 2015 
and remains in effect through the end of the 2015 commercial salmon 
fishery.
    Reason and authorization for the action: The RA considered landings 
and effort to date, and took action to terminate retention of Pacific 
halibut caught incidental to the commercial salmon fishery due to 
projected attainment of the allocation set by the IPHC. Inseason action 
to modify fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#27 occurred on August 19, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, ODFW, and IPHC.

Inseason Action #28

    Description of action: Inseason action #28 modified the daily bag 
limit in the recreational salmon fishery in the Neah Bay Subarea (U.S./
Canada border to Cape Alava, WA) to allow retention of one Chinook 
salmon per day. This action superseded inseason action #23.
    Effective dates: Inseason action #28 took effect August 21, 2015, 
and remains in effect until the end of the 2015 recreational salmon 
fishery, or until modified by further inseason action.
    Reason and authorization for the action: The RA considered landings 
and effort to date and took this action to allow access to remaining 
Chinook salmon without exceeding the guideline in the Neah Bay Subarea. 
Inseason action to modify recreational bag limits is authorized by 50 
CFR 660.409(b)(1)(iii).
    Consultation date and participants: Consultation on inseason action 
#28 occurred on August 19, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.

Inseason Action #29

    Description of action: Inseason action #29 modified the landing and 
possession limit for Chinook salmon in the commercial salmon fishery 
north of Cape Falcon to 40 Chinook salmon per vessel per open period in 
all areas north of Cape Falcon. This action superseded inseason action 
#25.
    Effective dates: Inseason action #29 took effect on August 21, 
2015, and remains in effect until the end of the 2015 commercial salmon 
fishery, or until modified by further inseason action.
    Reason and authorization for the action: The RA considered fishery 
effort and Chinook salmon and coho landings to date, and determined 
that adjusting the Chinook salmon landing limit would allow access to 
remaining quota without exceeding the quota. Inseason action to modify 
quotas and/or fishing seasons is authorized by 50 CFR 660.409(b)(1)(i).
    Consultation date and participants: Consultation on inseason action 
#28 occurred on August 19, 2015. Participants in this consultation were 
staff from NMFS, Council, WDFW, and ODFW.
    All other restrictions and regulations remain in effect as 
announced for the 2015 ocean salmon fisheries and 2016 salmon fisheries 
opening prior to May 1, 2016 (80 FR 25611, May 5, 2015).
    The RA determined that the best available information indicated 
that halibut, coho, and Chinook salmon catch to date and fishery effort 
supported the above inseason actions recommended by the states of 
Washington and Oregon. The states manage the fisheries in state waters 
adjacent to the areas of the U.S. exclusive economic zone in accordance 
with these Federal actions. As provided by the inseason notice 
procedures of 50 CFR 660.411, actual notice of the described regulatory 
actions was given, prior to the time the action was effective, by 
telephone hotline numbers 206-526-6667 and 800-662-9825, and by U.S. 
Coast Guard Notice to Mariners broadcasts on Channel 16 VHF-FM and 2182 
kHz.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), finds that 
good cause exists for this notification to be issued without affording 
prior notice and opportunity for public comment under 5 U.S.C. 
553(b)(B) because such notification would be impracticable. As 
previously noted, actual notice of the regulatory actions was provided 
to fishers through telephone hotline and radio notification. These 
actions comply with the requirements of the annual management measures 
for ocean salmon fisheries (80 FR 25611, May 5, 2015), the West Coast 
Salmon Fishery Management Plan (Salmon FMP), and regulations 
implementing the Salmon FMP, 50 CFR 660.409 and 660.411. Prior notice 
and opportunity for public comment was impracticable because NMFS and 
the state agencies had insufficient time to provide for prior notice 
and the opportunity for public comment between the time Chinook salmon 
catch and effort assessments and projections were developed and 
fisheries impacts were calculated, and the time the fishery 
modifications had to be implemented in order to ensure that fisheries 
are managed based on the best available scientific information,

[[Page 53018]]

ensuring that conservation objectives and ESA consultation standards 
are not exceeded. The AA also finds good cause to waive the 30-day 
delay in effectiveness required under 5 U.S.C. 553(d)(3), as a delay in 
effectiveness of these actions would allow fishing at levels 
inconsistent with the goals of the Salmon FMP and the current 
management measures.
    These actions are authorized by 50 CFR 660.409 and 660.411 and are 
exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 28, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-21770 Filed 9-1-15; 8:45 am]
 BILLING CODE 3510-22-P